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Home My WebLink About05-13-2002 Council Minutes♦ . 1 , t ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 • ROLL The Council met on the above - mentioned date with the following members present: Acting Mayor Bob Sansevere, Council Members Jay Nygard and Jim White. Representing staff were Acting City Administrator Mike Gaffron, City Attorney Tom Barrett, Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, City Engineer Tom Kellogg, Public Services Director Greg Gappa, and Recorder Alissa Winternheimer. Mayor Barbara Peterson and City Administrator Ron Moorse were absent. Acting Mayor Sansevere called the meeting to order at 7:00 p.m. CONSENT AGENDA Item 23A was added to the Agenda. 1. Approve /Amend Items 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 23, and 23A were added to the Consent Agenda. is White moved, and Nygard seconded, to approve the consent agenda as amended. Vote: Ayes 3, Nays 0. COUNCIL VACANCY 2. Declaration of Vacancy on Council — Resolution No. 4799 Sansevere stated that with the resignation of Council Member Dick Flint effective April 26, 2002, there was a vacancy on the Council. White moved, and Nygard seconded, to adopt Resolution No. 4799 declaring a vacancy in the Office of Council Member of the City of Orono. Vote: Ayes 3, Nays 0. 3. Appointment of New Council Member — Resolution No. 4800 White nominated James L. Murphy to fill the Council vacancy. White moved, and Nygard seconded, to adopt Resolution No. 4800 appointing James L. Murphy to fill a vacancy on the City Council. is Vote: Ayes 3, Nays 0. ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 0 3A. Oath of Office Gaffron administered the Oath of Office to James Murphy. Murphy took his seat on the Council. APPROVAL OF MINUTES *4. Regular Council Meeting of April 22, 2002 White moved, and Nygard seconded, to approve the Minutes of the Regular Council Meeting of April 22, 2002. Vote: Ayes 3, Nays 0. PARK COMMISSION COMMENTS —IRENE SILBER, REPRESENTATIVE Silber stated that the Commission had held a public meeting regarding Hackberry Park and received support from neighbors who attended. She stated that most or all of the Commissioners would be present on Saturday to support the City at the Open House. A high school student had requested use of a basketball court for a Habitat for Humanity . fundraiser. She invited Council to attend the up- coming Parks tour on June 3, 2002. PLANNING COMMISSION COMMENTS —SANDY SMITH, REPRESENTATIVE None. PUBLIC COMMENTS Cliff Otten of Otten Bros. Nursery at 2350 West Wayzata Boulevard stated that he had received a 10 -day transient merchant permit allowing him to sell concessions at the nursery. The 10 -day permit would not see him through the PUD amendment process, which he has commenced, and he requested an extension of the permit. Gaffron stated that the ordinance does not address extensions, so the Council would have to change the ordinance, and then grant an extension. Barrett suggested placing a limit on the number of days or the number of extensions that can be granted, such as a limit of 50 days. 0 14 0 ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 PUBLIC COMMENTS — Continued Murphy suggested making the extension for the length of time needed for Mr. Otten to complete the PUD process. White moved, and Nygard seconded, to amend the Transient Merchant License ordinance to allow for an extension of up to 50 days. Vote: Ayes 4, Nays 0. Gaffron stated that Mr. Otten's current use of the Transient Merchant License is for a snack truck that sells prepackaged foods and beverages to nursery customers. Murphy moved, and Nygard seconded, to extend Mr. Otten's Transient Merchant License for an additional 50 days. Vote: Ayes 4, Nays 0. ZONING ADMINISTRATOR'S REPORT 5. #02 -2772 John and Donna Crotteau, 1405 Sixth Avenue North — Variances Weinberger stated that the applicant had requested the application be moved to the end of • the agenda because he would be running late. Item 5 is continued after Item 25. *6. #02 -2778 Kevin Manley on behalf of Manley Brothers Construction, 1973 Fagerness Point Road — Variances — Resolution No. 4801 White moved, and Nygard seconded, to adopt Resolution No. 4801 granting variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16(L)(2) to permit additional hardcover within the 75 – 250' lakeshore setback over 25% for construction of an 84 s.f. deck that replaces a larger deck that was previously removed. Vote: Ayes 3, Nays 0. *7. French Creek Homeowners Association — Request to Install a Holding Tank — Resolution No. 4802 White moved, and Nygard seconded, to adopt Resolution No. 4802 approving installation of a holding tank for Outlot A, French Creek. Vote: Ayes 3, Nays 0. is ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 *8. Joint Use Dock Licenses — Resolutions No. 4803 - 4811 White moved, and Nygard seconded, to adopt Resolution No. 4803 directing staff to issue a joint use dock license to Big Island, Inc. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4804 directing staff to issue a joint use dock license to the owners of property located at 460 Tonkawa Road, 500 Tonkawa Road, and 550 Tonkawa Road. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4806 directing staff to issue a joint use dock license to Foxhill Homeowners Association. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4805 directing staff to issue a joint use dock license to Forest Arms Country Club Addition Homeowners Association, Inc. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4807 directing staff to issue a joint use dock license to Kelly Cove Homeowners Association. • Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4809 directing staff to issue a joint use dock license to Minnetonka Power Squadron. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4808 directing staff to issue a joint use dock license to Pheasant Lawn Homeowners Association. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4810 directing staff to issue a joint use dock license to Victoria Estates Homeowners Association. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to adopt Resolution No. 4811 directing staff to issue a joint use dock license to Walter's Port Maintenance & Improvement Association. Vote: Ayes 3, Nays 0. 18 4 ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 • MAYOR/COUNCIL REPORT None. PUBLIC SERVICE DIRECTOR'S REPORT *9. Quotations for Highwood Road Storm Sewer Project White moved, and Nygard seconded, to accept the quotation from MinnComm Utility Construction, Mora, Minnesota in the amount of $39,750 for completion of the Highwood Road Storm Sewer project. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to approve a budget adjustment for the year 2002 Stormwater Utility Fund Capital Improvement Budget in the amount of $39,755 for the Highwood Road Storm Sewer project. Vote: Ayes 3, Nays 0. *10. Quotations for Lift Station Control Panel Replacements • White moved, and Nygard seconded, to accept quotation from Electric Pump, Minneapolis, Minnesota for lift station control panel replacements in the amount of $37,680. Vote: Ayes 3, Nays 0. White moved, and Nygard seconded, to approve a budget adjustment to the 2002 Sewer Fund Capital Improvement Budget in the amount $37,680 for the purchase and installation of three replacement lift station control panels. Vote: Ayes 3, Nays 0. CITY ADMINISTRATOR'S REPORT *11. Pay Request —Long Lake Fire Station White moved, and Nygard seconded, to approve the requests for payment in the amount of $264.69 to the Construction Bulletin and $7,299.20 to BKV Architects. Vote: Ayes 3, Nays 0. 12. Schedule Work Session Council decided to postpone scheduling until Ron Moorse was available. ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 13. Release of Easements on Orono Oaks Properties — Resolution No. 4812 Gaffron stated that when the City approved the Orono Oaks subdivision, a number of wetland easements were granted. Mn/DOT will be filling a number of wetlands as part of the Highway 12 project. It is important that prior to releasing the easements, the City should be assured that the wetland impacts will be properly mitigated. MCWD assured Moorse that they will ensure all wetland impacts along the Highway 12 corridor are properly mitigated through the District's permitting process. Based on the MCWD's required permitting process, staff recommended approval of the Quit Claim Deeds releasing the City's interest in the easements. Murphy briefly reviewed the recent history of Mn/DOT's acquisition of the affected properties. Murphy moved, and White seconded, to adopt Resolution No. 4812 approving the release of Conservation and Flowage Easements on the properties at 1230, 1260 and 1290 Orono Oaks Drive through Quit Claim Deeds. Vote: Ayes 4, Nays 0. • White moved, and Murphy seconded, to authorize Acting Mayor Sansevere to sign the Resolution and the Quit Claim Deeds. Vote: Ayes 4, Nays 0. • *14. Purchase Agreement for City Property at 2765 Kelley Parkway White moved, and Nygard seconded, to accept the proposed revisions to the purchase agreement related to the sale of the City's property at 2765 Kelley Parkway. Vote: Ayes 3, Nays 0. *15. Recodification Costs White moved, and Nygard seconded, to approve the additional $8,350 in costs for the recodification of the City Code, and to amend the General Fund budget to reflect this expenditure. Vote: Ayes 3, Nays 0. *16. Request to Advertise, Hire — Temporary, Full Time Clerk - Typist Position White moved, and Nygard seconded, to approve advertising for and the hiring of a temporary, full -time clerk -typist from the time period of mid -June to October 1, 2002, at a salary rate of $12.54 per hour with no benefits. Vote: Ayes 3, Nays 0. Ll 2 ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 • *17. Request to Advertise — Community Service Officer Position White moved, and Nygard seconded, to approve advertising for a full -time community service officer. Vote: Ayes 3, Nays 0. *18. Request to Dispose of 1999 Ford Crown Victoria Squad Car ( #183) White moved, and Nygard seconded, to approve the disposal of Squad #183 through sealed bid process. Vote: Ayes 3, Nays 0. *19. 1991 Public Facilities Revenue Bonds Debt Service Fund Close Out — Resolution No. 4813 White moved, and Nygard seconded, to adopt Resolution No. 4813 to close the 1991 Public Facilities Revenue Bonds Debt Service Fund to the 1998 Public Facilities Revenue Refunding Bonds Debt Service Fund, effective December 31, 2001. Vote: Ayes 3, Nays 0. *20. 1995 G.O. Refunding Bonds Debt Service Fund Close Out — Resolution No. • 4814 is White moved, and Nygard seconded, to adopt Resolution No. 4814 to close the 1995 G.O. Refunding Bonds Debt Service Fund to the General Fund, effective December 31, 2001. Vote: Ayes 3, Nays 0. *21. 2000 Sewer Construction Fund Close Out — Resolution No. 4815 White moved, and Nygard seconded, to adopt Resolution No. 4815 to close the 2000 Sewer Construction Fund to the 2000 Improvement Bond Debt Service Fund, effective December 31, 2001. Vote: Ayes 3, Nays 0. 22. Budget Amendments for Year 2001 Gaffron asked Council if there were any questions. There were none. White moved, and Nygard seconded, to approve the 2001 budget amendments for the General and Special Revenue as presented, effective - December 31, 2001. Vote: Ayes 4, Nays 0. 7 ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 *23. Request for Legal Fee Increase • White moved, and Nygard seconded, to approve the rate of $1,300 per month for general representation, $120 per hour for associate time, and $130 per hour for partner time, effective May 14, 2002 for any work done thereafter. Vote: Ayes 3, Nays 0. *23A Request for Authorization of Additional Expenditures for the City Open House White moved, and Nygard seconded, to authorize the expenditure of up to $2,500 for the City Open House, and to amend the General Fund budget to reflect the expenditure. Vote: Ayes 3, Nays 0. CITY ATTORNEY'S REPORT None. 24. LICENSES • GARBAGE HAULERS 1. Baldy Sanitation Inc. 5906 Henry St. Maple Plain, MN 55359 2. BFI of North America 9813 Flying Cloud Dr. Eden Prairie, MN 55347 3. Blackowiak & Son, Inc. 1195 Sunnyfield Rd. North Mound, MN 55364 4. Randy's Sanitation 4351 U.S. Hwy 12 SE Delano, MN 55328 KENNEL LICENSE 1. Jayne Paasch 2150 Kenwood Way P 0 i1 ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 • 24. LICENSES — Continued SPECIAL EVENTS 1. Applicant: Starr Gladding Event: Wedding Party Location: 120 Orono Orchard Road South Date: July 13, 2002 Time: 4:00 p.m. –11:00 p.m. Nygard stated that he wanted something in writing from garbage haulers stating that they would meet all City restrictions. Gappa stated the only thing the City could regulate was the weight per axel, but haulers could overload their trucks. The only way to enforce the restrictions is by ticketing offenders. He stated the City could not regulate County or private roads. The County allows 10 -ton axel weight, and the City allows 9, restricting it to 4 -tons in the spring. Nygard stated he wanted to know that companies running in Orono had small trucks available so as to avoid damaging City roads in the spring. He suggested approving all the hauler licenses, but warning them that the Council would be addressing the issue of haulers exceeding restrictions soon. • Gappa suggested holding a public hearing. Murphy stated they should put the haulers on notice that in one year, when the licenses are up for renewal again, their ability to get a license will depend on their ability to comply with City weight restrictions. Nygard moved, and White seconded, to approve all licenses. Vote: Ayes 4, Nays 0. *25. BILLS White moved, and Nygard seconded, to approve payment of the All Funds Account. Vote: Ayes 3, Nays 0. 5. #02 -2772 John and Donna Crotteau,1405 Sixth Avenue North— Variances- Continued Mr. Cottreau had not arrived in time to discuss his application. White moved, and Sansevere seconded, to table #02 -2772 John and Donna tCrotteau,1405 Sixth Avenue North, application for variances. E - i. ORONO CITY COUNCIL MEETING MONDAY, MAY 13, 2002 5. #02 -2772 John and Donna Crotteau, 1405 Sixth Avenue North— Variances— • Continued Vote: Ayes 4, Nays 0. ADJOURNMENT The meeting was adjourned at 7:45 p.m. ATTEST: '�� j Z/ Linda S. Vee, City Clerk 10 Barbara Peterson, Mayor • •